Criminal justice decision making model steps

The Fourth Amendment States that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” When it comes to searches, most debate focuses on what is considered “unreasonable.” Although most searches do require a warrant supported by probable cause, there are a number of exceptions as well.

Examine the following scenario: You are a police officer. One day you and your partner spot a suspicious van driving down the highway. You notice that the driver is not wearing a seat belt, which is a violation under state law (punishable by up to a $1,000 fine), so you pull him over. You question the driver, Bob, and his passenger, Eddie, about where they are headed. Bob and Eddie provide different answers and seem nervous. You delay writing the ticket for 30 minutes, keeping Bob’s driver’s license in your possession, and call for backup units. The units arrive and park their patrol cars in front and to the side of Bob’s van, which surrounds him. You ask Bob if he has any weapons in the van. He says, no. You respond, “So you probably won’t mind if we search it then, right?” Bob says, “If you have to do it, go ahead.” Upon searching, police find a pound of cocaine under the floorboard in the back of the van. Bob is arrested and is now filing a motion to suppress the drugs, arguing that the search was illegal.

Consider the first three steps of the Criminal Justice Decision Making Model:

Step One: Define the problem (and the questions that need to be answered): Read the information about Legal Searches and the Fourth Amendment, Basic Limitation on Searches, The Exclusionary Rule, Justification for Reasonable Searches, Vehicle Searches, and Legal Arrests. Formulate an opinion about (1) whether you were justified in pulling Bob over, (2) whether he was detained too long, and (3) whether this search was legal or illegal. Were there any other procedures that you would have followed to ensure the safety of the officers or the integrity of the search?

Step Two: Gather evidence (law, policy, procedure, data) and evaluate for relevancy: What U.S. Supreme Court decisions support your opinions?

Step Three: Weigh moral considerations and direct/indirect consequences: What would the impact be if the search was deemed illegal by a court? Do you agree or disagree with the exclusionary rule, and why?

Following Steps 4 and 5 of the Criminal Justice Decision Making Model, write a 2-page essay in which you discuss the implications of this scenario above.